HomeMy WebLinkAboutPZ2022-202DATE: June 27, 2022
TO,: Planning Commission and City Council
FROM: Chris Boone, Interim City Manager
SUBJECT: Consider a request for a Specific Use Permit for to allow a cell tower in a GC -MD
(General Commercial - Multiple Family Dwelling) District.
FILE: PZ2022-202
STAFF REPORT
Anne Hathaway representing SBA Network Services, L.L.C., proposes to construct a one
hundred seventy-nine (179) foot tall cellular tower at 8475 Landis Drive. The proposed tower
will be a monopole designed to support four (4) antenna arrays allowing for colocations in the
future, No City utilities will be required at the unmanned site. Access to the site will be via an
easement from Landis Drive.
The applicant states that a six (6) foot chain link fence with one (1) foot barbed wire extension
will be constructed around the lease area. In addition, they propose a row of crepe myrtle trees
along the Landis Road right-of-way. Historically, a privacy fence with a solid gate has, been
required. Although trees are typically required, there are power lines along the south
right-of-way line of Landis Drive, so no trees will be required. Instead, a row of hedges will be
required along the north and west edges of the lease site, the sides visible from residential
properties to the northwest.
Staff recommends approval with the following conditions:
I , Provide a copy of the recorded access casement and lease agreement.
2. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the
north and west perimeter edges of the lease site with a solid gate.
3. Provide a landscaped buffer along the north and west edges of the tower site consisting of
shrubs save and except for• the gated area to meet Zoning Ordinance requirements.
Please note that final occupancy approval is subject to review and acceptance of submitted plans
and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 4
Responses in Favor Responses in Opposition
LEGAL DESCRIPT10N FOR ORDINANCE PURPOSES
MIN G a 0.115 acre (5,000.00 square feet) tract of land situated in the Ashael Savery Survey,
Abstract No. 46, being COMMENCING at a found concrete nionument at the southeast corner of
a called I.ot 1, Block 6, Meadowbrook Addition Unit No., an Addition to the City of Beaumont,
Jefferson County, "Texas, according to the plat recorded in Volume 9, Page 63196, Plat Records,
Jefferson County, Texas, described in deed to Castillo Fernando Sosa, recorded in Instrument
No. 2016037222, Deed Records, Jefferson County, Texas, situated on the north right-of-way line
of Landis Drive (various width public right-of-way) and the west right-of-way line of
Eveningview Lane (60'public right-of-way); T14ENCE South 08.&0 50' 16" East for a distance of
60.00 feet to a point for corner, situated on the SOUth right-of-way line of Landis Drive (various
width public right-of-way); THENCE North 8 lk 50'44" East, along said right-of-way, for a
distance of 397.85 feet to a point for comer; THENCE North 81A' 09' 41" East, along said
right-of-way, for a distance of 20.00 feet to a point for comer; THENCE South 08A® 50, 22"
East, leaving said right-of-way, for a distance of 4.99 feet to a point for corner; THENCE North
8 1,A' 09' 41 " East for a distance of 40.00 feet to a set 1/2" iron rod for the POINT OF
BEGINNING; THENCE South 08A® 50'22" East for a distance of 50.00 feet to a set PIS Nail
for comer; THENCE South 81 A0 09'38" West for a distance of 100.00 feet to a set PIS Nail for
comer; THENCE North 08.&' 50'22" West for a distance of 50.00 feet to a set 1/2" iron rod for
corner;THENCE North 81A' 09'38" East a distance of 100.00 feet to the POINT OF
BEGINNING, and containing 0.115 acre (5,000.00 square feet) of land, more or less. 1, Ronald
D. Wimberley, Registered Professional Land Surveyor, State ofTexas, do certify that the field
notes hercon are a true, correct and accurate representation of the property as determined by an
on the ground survey conducted on November 11, 2021.
ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.E, ZONING ORDINANCE)
Application Application
is in is not in Comments
_compliance Attached
Conditions:
1. That the specific use will be compatible with
and not injurious to the use and enjoyment of
other property, or significantly diminish or impair
property values within the immediate vicinity; x
2. That the establislu-nent of the specific use will
not impede the normal and orderly development
and improvement of surrounding vacant property; x
3. That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been or will be provided; x
4. The design, location and arrangement of all
driveways and parking spaces provides for the
safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting the
general public or adjacent developments; x
5. That adequate nuisance prevention measures
have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration; x
6. That directional lighting will be provided so as
not to disturb or adversely affect neighboring
properties; x
7. That there are sufficient landscaping and
screening to insure harmony and compatibility
with adjacent property; and, x
8. That the proposed use is in accordance with the
Comprehensive Plan. x
GENERAL INFORMATIONIIIU13LIC UTILITIES
APPLICANT: Anne Hathaway representing SBA
Network Services, L.L.0
PROPERTY OWNER: Tom McGovern of Union Pacific
LOCATION-
8475 Landis Drive
EXISTING ZONING:
LI (Light Industrial)
PROPEWfY SIZE:
0. 115 acres more or less
EXISTING LAND USES:
Railroad right-of-way
FLOOD HAZARD ZONE:
X — Area determined to be outside the
500-year flood plain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Commercial
GC -MD (General Commercial - Multiple
Family Dwelling)
EAST: Major Drive
LI (Light Industrial)
SOUTH: Railway
LI
WEST: Railway III
COMPREHENSIVE PLAN: Stable Area
STREETS: Landis Drive: Local Street with 45 ft.
right-of-way and 22' pavement width
DRAINAGE: Open ditch
WATER: None at this site
SANITARY SEWER SERVICE: None at this site
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
JOHNSON JOSEPH JR.
SOUTH MAJOR INVESTMENTS LLC
NIZAMANI SHAFIZAIB
Case Type:Planning and Zoning
Case Sub Type: Specific Use Permit
Case #: PZ2022-202
Location: Longitude: 30.067881; Latitude: -94.190386
Individuals listed on the record.
Applicant
Anne Hathaway
8051 Congress Ave
Missing Address, City, State, or Zip Code in People
Property Owner
Tom McGovern
1400 Douglas St, Mail Stop 0640
Missing Address, City, State, or Zip Code in People
Agent
Tony Dawson,
201 North Franklin St, Suite 1400
Missing Address, City, State, or Zip Code in People
Case Type: Planning and Zoning
Case #: PZ2022-202
Case Status: REVIEW
Tag Name: 179'monopole tower and associated
compound and equipment
Initiated On: 4/5/2022 2:33:35PM
Home Phone:
Work Phone:
Cell Phone: 5613227921
E-Mail: ahathaway@sbasite.com
Home Phone:
Work Phone:
Cell Phone: 4025441525
E-Mail: tmcgovern@up.com
Home Phone:
Work Phone:
Cell Phone: 8136355524
E-Mail: tony.dawson@kimley-horn.coni
Page I of 3
Printed On: 512412022
Legal Description BEING a 0.115 acre (5,000.00 square feet) tract of land situated in
the Ashael Savory Survey, Abstract No. 46, being COMMENCING at
a found concrete monument at the southeast corner of a called Lot 1,
Block 6, Meadowbrook Addition Unit No., an Addition to the City of
Beaumont, Jefferson County, Texas, according to the plat recorded in
Volume 9, Page 63196, Plat Records, Jefferson County, Texas,
described in deed to Castillo Fernando Sosa, recorded in Instrument
No. 2016037222, Deed Records, Jefferson County, Texas, situated
on the north right-of-way line of Landis Drive (various width public
right-of-way) and the west right-of-way line of Eveningview Lane (60'
public right-of-way);
THENCE South 08A* 50' 16" East for a distance of 60.00 feet to a
point for corner, situated on the south right-of-way line of Landis Drive
(various width public right-of-way);
THENCE North 81A' 50'44" East, along said right-of-way, for a
distance of 397.85 feet to a point for corner;
THENCE North 81A, 09'41" East, along said right-of-way, for a
distance of 20.00 feet to a point for corner;
THENCE South 08A' 50'22" East, leaving said right-of-way, for a
distance of 4.99 feet to a point for corner;
THENCE North 81A* 09" 41 " East for a distance of 40.00 feet to a set
1/2" iron rod for the POINT OF BEGINNING;
THENCE South 08A* 50'22" East for a distance of 50.00 feet to a
set PK Nail for corner;
THENCE South 81A' 09'38" West for a distance of 100.00 feet to a
set PIK Nail for corner;
THENCE North 08k 50'22" West for a distance of 50.00 feet to a
set 1/2" iron rod for corner;
THENCE North 81 A' 09' 38" East a distance of 100.00 feet to the
POINT OF BEGINNING, and containing 0.115 acre (5,0�00.00 square
feet) of land, more or less.
1, Ronald D. Wimberley, Registered Professional Land Surveyor,
State of Texas, do certify that the field notes hereon are a true,
correct and accurate representation of the property as determined by
an on the ground survey conducted on November 11, 2021, under my
Number of Acres 0.12
Proposed Use Cell tower compound
That the specific use will be
The proposed cellular tower and associated equipment will be
compatible with and not injurious to
screened from view of other properties in the vicinity with a
the use and enjoyment of other
landscaping buffer to the north. The tower will also be located over
property, nor significantly diminish or
two -hundred feet away from the nearest residence as requested by
impair property values within the
code to impede any impairment to property values.
immediate vicinity
That the establishment of the specific
The proposed cellular tower and compound will not impede any
use will not impede the normal and
development of surrounding property. The compound will be screened
orderly development and improvement
from view by landscaping to the north and a railroad directly to the
of surrounding vacant property;
south. The tower is also located over two -hundred feet away from the
nearest residence.
Case Type: Planning and Zoning Page 2 of 3
Case #: PZ2022-202 Printed On: 5/24/2022
Ilr
A
That adequate utilities, access roads,
Adequate utilities, access road, and drainage will be provided as
drainage and other necessary
seen on the site plan.
supporting facilities have been or will
be provided
The design, location and arrangement
A twenty foot wide access and utility corridor as well as a parking
of all driveways and parking spaces
space just inside the compound will be provided to accommodate
provides for the safe and convenient
vehicles.
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention
The cellular tower proposed at this site is not known to contribute to
measures have been or will be taken
control offensive odor, fumes, dust, noise, or vibration. Therefore, the
to prevent or control offensive odor,
design provides adequate measures to prevent such disturbances.
fumes, dust, noise and vibration
That directional lighting will be
There will be no proposed lighting as a part of the proposed tower
provided so as not to disturb or
development.
adversely affect neighboring
properties
That there are Sufficient landscaping
The proposed cellular tower and associated equipment will be
and screening to insure harmony and
screened from view of other properties in the vicinity with a
compatibility with adjacent property
landscaping buffer to the north and the entire compound will be
enclosed by a six -foot -tall chain -link fence with one foot of security
barbed! wire at the top.
That the proposed use is in
The proposed cellular tower will follow all zoning and development
accordance with the Comprehensive
standards in order to be in accordance with, the comprehensive plan.
Plan
Notes:
Case Type: Planning and Zoning Page 3 of 3
Case M PZ2022-202 Printed On: 5124/2022
April 5, 2022
City of Beaumont
Planning & Community Development Department
801 Main, Suite 201
Beaumont, TX 77701
To Whom It May Concern,
We are proposing an unmanned 179' cellular monopole with ground equipment.
The site will be enclosed inside a chainlink fence with V of security barbwire at
the top. The site will also have landscaping in the front of the compound. The
site will be designed for 4 carriers, I now and 3 in the future. We are submitting
our application for a SUP approval.
Should you have any additional questions or require any additional information,
please do not hesitate to contact our office at 813-620-1460. Thank you.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Tony Dawson
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,2022-202: A request for a Specific Use Permit to allow a cell tower in an LI (Light
lustrial) District.
plicant: Anne Hathaway
cation: Southeast of 870 S. Major Drive
0 100 200 300 400
1 1 1 1 1 1 Feet